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Criminal Justice and Police Act 2001

Criminal Justice and Police Act 2001. Introduces  on-the-spot fixed penalties for a range of minor offences, including being drunk and disorderly.

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Criminal Justice and Police Act 2001

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  1. Criminal Justice and Police Act 2001 • Introduces on-the-spot fixed penaltiesfor a range of minor offences, including being drunk and disorderly. • Grants local authorities the power to restrict anti-social public drinking in designated public places and empowers the police to confiscate alcohol. • Amends the Police and Criminal Evidence Act 1984 to allow police to indefinitely retain DNA samples and fingerprints from anyone arrested of a "recordable" offence, even if they are released without charge or found not guilty. • Creates a new criminal offence of protesting outside someone's house in an intimidating manner and enables the police to direct an alleged offender to leave the vicinity of the home. • Makes curb-crawling, "hit and runs" and the importation of indecent and obscene material arrestable offences. • Empowers magistrates to remand children aged between 12 and 16 into custody when they are charged with offences such as theft and criminal damage.

  2. The Serious Organised Crime and Police Act 2005 • Establishes the Serious Organised Crime Agency and designates its functions. • Creates new provisions relating to parental compensation orders, civil orders which require parents or guardians to pay compensation for damages or losses created by a child under 10 (therefore under the age of criminal responsibility). • Restricts the right to demonstratewithin an exclusion zone of up to one kilometre from any point in Parliament Square. • Creates a new offence of trespassing on a designated site. The site can be Crown Land, land that belongs to the monarch or heir to the throne or land a secretary of state believes is appropriate for designation in the interests of national security. • Makes all offences arrestable. Previously a police officer had to determine whether he suspected a person of committing a non-arrestable, arrestable or serious arrestable offence. • Extends previous legislation so that DNA retention on the National DNA Database is permitted even where a suspect has been cleared.

  3. Domestic Violence, Crime and Victims Act 2004 • Amends non-molestation orders to include a criminal sanction for non-compliance which can carry a prison sentence of up to five years. • Allows same-sex couples and cohabiting couples to apply for non-molestation orders. • Allows courts to impose restraining orders on acquitted defendants. • Allows judges, rather than a specially empanelled jury, to decide if a defendant is fit to plead. • Expands the circumstances in which trials can be heard without a jury. • Creates an offence of "causing or allowing the death of a child or vulnerable adult". • Enables a jury to make inferences about any part of the case (including the guilt of the defendant), based upon the defendant's failure to give evidence if they are charged with the above offence and either or both murder and manslaughter.

  4. Sexual Offences Act 2003 • Persons are required to notify their local police of their name, address and other details (and any changes to those details) if, in respect of certain sexual offences, they are: • convicted of the offence; or • found not guilty of the offence by reason of insanity; or • found to be under a disability and to have done the act he or she is charged with; or • (in England, Wales or Northern Ireland) cautioned for the offence • The details are recorded by the police on a “register”, and this assists the police in monitoring the whereabouts of any sex offenders living in their community. • A court may make a Sexual Offences Prevention Order (SOPO) in certain cases where a person falls within the categories above and the person's behaviour since the relevant date makes it necessary to make an order to protect the public (or a specific member of the public) from serious sexual harm from the offender. • The police can apply to the courts for a Risk of Sexual Harm Order RSHO if a person aged over 18 lives in its police area or it is believed the person is in, or intends to come to, its police area. Also if it appears that the person has, on at least 2 occasions, done an act listed below: • engaging in sexual activity either involving a child (i.e. a person under 16 or, in Northern Ireland, a person under 17) or in the presence of a child • causing or inciting a child to watch a person engaging in sexual activity or to look at a moving or still image of a sexual nature • giving a child anything relating or referring to sexual activity • communicating with a child (where any part of the communication is of a sexual nature)

  5. The Crime and Disorder Act 1998 • Abolishes the rule that a child aged 10 to 13 is presumed to be unable to form the necessary criminal intent. • Creates the anti-social behaviour order, designed to prohibit individuals from indulging in specific activities that are deemed to be anti-social.  • Specifies that the only criteria a magistrate must use in deciding to impose an asbo is that the individual has behaved in a manner "that caused or was likely to cause harassment, alarm or distress".  • Creates two new schemes for dealing with youth crime: child safety orders, which apply to children under the age of 10, and parenting orders, which are made against the parents of a child who has been given an anti-social behaviour order.  • Creates sex offender orders, which bar offenders from activities and areas frequented by children. • Abolishes the death penalty for treason or piracy. • Introduces separate offences for crimes that were aggravated by the victim's race or presumed race. • Creates a statutory duty on those working in the youth justice system to observe a principal aim of preventing offending by children and young people.

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